Average Lateness and Bucketing Tests Confirm the Ordinary Course Defense
A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.
‘Admin’ Claims for 20-Day Shipments Don’t Offset the New Value Defense, Circuit Says
A shipment received by a debtor within 20 days of filing gives the creditor both an administrative claim and a new value defense to a preference, the Eleventh Circuit says.
Court:
Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
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Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
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Tenth Circuit BAP Defines the Elements of the Earmarking Defense
Earmarking only applies if the debtor had no dominion and control and the transfer did not diminish the debtor’s estate, BAP says.
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Supreme Court Hears Argument on Constitutionality of 2018 Increase in U.S. Trustee Fees
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